PLEASE READ THESE TERMS AND CONDITIONS AS WELL AS THE PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.

These terms and conditions apply to all visitors and users of the FileRadar website (the "FileRadar Website"). Any content on any other site linked to from the FileRadar Website is beyond the control of FileRadar and Future US, Inc. Neither FileRadar nor its employees guarantee the accuracy, completeness or usefulness of the information presented on such a site, which may include views, opinions and recommendations from third-party individuals and organizations. FileRadar does not endorse the views or advocate the purchase or sale of any goods or services. The FileRadar Website will contain links to third party websites that are not owned or controlled by FileRadar, over which it has no control, and assumes no responsibility, for their content, privacy policies, or practices. FileRadar does not and cannot censor or edit the content of any third-party website. You hereby agree to relieve FileRadar from any and all liability arising from your use of any third-party website. You are requested to be aware when you leave the FileRadar Website that you need to read the terms and conditions and privacy policy of any of the other websites you go to.

You have permission to use the FileRadar Website so long as your use of the FileRadar Website is only personal and noncommercial and you will and do comply with these terms and conditions.

By granting a link to third party websites from the FileRadar Website, the owners or controllers of such third-party websites hereby agree to permit visitors to the FileRadar Website to have access to game modifications, patches, and demos and/or other content on their websites. However, you understand that FileRadar does not guarantee any confidentiality with respect to the content on or access to third-party websites. As a party who elects to allow access to your website by anyone who is a user of FileRadar Website, you agree not to hold FileRadar liability for any improper or illegal use, copying, or distribution of the content from your website other than what is expressly permitted therein, including any use, copying, or distribution of content for any commercial purposes. You also understand that when using the FileRadar Website to access third-party websites you will be exposed to content from a variety of sources, and that FileRadar is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FileRadar with respect thereto, and agree to indemnify and hold FileRadar, its owner, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the FileRadar Website and/or third-party websites.

THE FILERADAR WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE FILERADAR WEBSITE.

You are solely responsible for your own access to or the posting on FileRadar Website of content, information, and other materials. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions of the content, etc., you post on the FileRadar Website or on your own website to which users of the FileRadar Website will have access, with respect to any patent, trademark, trade secret, copyright or other proprietary rights. You also hereby grant each visitor to the FileRadar Website a non-exclusive license to access the content you place on the FileRadar Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such content unless formally and specifically denied.

You agree that the content you place on the FileRadar Website and on your own website to which you offer access to visitors of the FileRadar Website shall not:

• (1) contain material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material on your website;


• (2) publish falsehoods or misrepresentations that might affect FileRadar or any third party; or


• (3) contain material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, give rise to civil liability, violate any law, or is otherwise inappropriate. FileRadar does not endorse any content on third-party websites and expressly disclaims any and all liability in connection with third-party websites. FileRadar does not permit any infringement of intellectual property rights on the FileRadar Website, and will remove any submission if properly notified that such submission infringes intellectual property rights. FileRadar also reserves the right
  
  
  • (1) to remove submissions without prior notice and
  
  
  • (2) to decide whether a submission is inappropriate, complies with these terms and conditions, or contains pornography, obscene or defamatory material, or excessive length. Any such submissions may be removed, and or your access for uploading such material may be denied, if there is any violation of these terms and conditions at any time, without prior notice and at the discretion of FileRadar.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the FileRadar Website in a manner that sends more request messages to the FileRadar servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, FileRadar grants the operators of public search engines permission to use spiders to copy materials from the FileRadar Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FileRadar reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the FileRadar Website, nor to use the communication systems provided by the FileRadar Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the FileRadar Website with respect to their submissions.

IN NO EVENT SHALL FILERADAR.NET, AFFILIATE SITES OR THE OWNERS, WEBMASTERS OR ANY OTHER PERSONNEL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS WEBSITE OR SERVER.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with them. You affirm that in all events you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the FileRadar Website

You agree that:

• (i) the FileRadar Website shall be deemed solely based in California; and


• (ii) the FileRadar Website shall be deemed a passive website that does not give rise to personal jurisdiction over Future US, Inc., either specific or general, in jurisdictions other than California. These terms and conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Future US, Inc., that arises in whole or in part from the FileRadar Website shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. These terms and conditions, together with the FileRadar Privacy Notice and any other legal notices disclosed on the FileRadar Website shall constitute the entire agreement between you and Future US, Inc., concerning the FileRadar Website. If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, that invalidity shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. FileRadar reserves the right to amend these terms and conditions at any time and without notice, and it is your responsibility to review these terms and conditions for any changes. Your use of the FileRadar Website following any amendment of these terms and conditions will signify your assent to and acceptance of its revised terms. YOU AND FUTURE US, INC., AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FILERADAR WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Site comments should be directed to webmaster@fileradar.net.

If you are a copyright owner or an agent thereof and believe that any content on the FileRadar Website or on third-party websites referenced on FileRadar Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing as set forth in 17 U.S.C §512(c)(3)(A) (see the rest of Section 512(c)(3) for further details):

• (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


• (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.


• (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material.


• (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.


• (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.


• (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any copyright issues regarding our site may be sent to webmaster@fileradar.net. The designated Copyright Agent to receive notifications of claimed infringement is:

Future US, Inc.
Attention: FileRadar Webmaster
4000 Shoreline Court, Suite 400
South San Francisco, CA 94080

FileRadar.net [Future US, Inc.]